- 1 - HC-KAR NC: 2026:KHC:8543 CRL.P No. 7213 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MRS. JUSTICE M G UMA CRIMINAL PETITION NO. 7213 OF 2018 BETWEEN: SRI UMESH KUMARA, S/O M.N. SORATURU AGED ABOUT 45 YEARS, R/A UDOYAGASTA MAHILA NILAYA, BASAVA SAMATHI, KENGERI CHECK POST, MYSORE ROAD, KENGERI BENGALURU - 560 079. …PETITIONER (BY SRI. SHANKARAPPA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY NELAMANGALA TOWN POLICE STATION, BENGALURU RURAL, REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BANGALORE - 560 001 2. L.C. NAGARAJU ASSISTANT COMMISSIONER PARUMANA LAYOUT, BENGALURU SOUTH TALUK NELAMANGALA TOWN, BENGALURU - 562 123. …RESPONDENTS (BY SRI. RANGASWAMY R., HCGP FOR R1 SRI. R OM KUMAR, ADVOCATE FOR R2 (ABSENT)) Digitally signed by PRASHANTH N V Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:8543 CRL.P No. 7213 of 2018 THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE FIR AND CHARGE SHEET FILED AGAINST PETITIONER IN CRIME NO.122/2016, DATED 26.04.2016 OF NELAMANGALA TOWN POLICE STATION, NELAMANGALA CIRCLE NELAMANGALA THE SAME IS PENDING BEFORE THE PRINCIPAL CIVIL JUDGE AND JMFC COURT, NELAMANGALA IN C.C.NO.64/2017 FOR THE OFFENCE P/U/S 353, 504, 506 OF IPC. THIS CRL.P, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE M G UMA ORAL ORDER The petitioner being the accused in Cr.No.122/2016 of Nelamangala Town police station, in CC No.64/2017 pending on the file of the learned Principal Civil Judge and JMFC., Nelamangala registered for the offences punishable under Sections 353, 504 and 506 of the Indian Penal Code (for short 'the IPC') is seeking to quash the criminal proceedings initiated against him. 2. The facts of the case in brief are that respondent No.2 as the informant has filed the first information with Nelamangala Town Police against the petitioner alleging the offence punishable under Sections 353, 504 and 506 of IPC. The investigation was undertaken and the charge sheet came - 3 - HC-KAR NC: 2026:KHC:8543 CRL.P No. 7213 of 2018 to be filed for the above said offence. The learned Magistrate took cognizance of the offences and registered CC No.64/2017. The petitioner being the accused is before this Court seeking to quash the criminal proceedings. 3. Heard Sri.Shankarappa, learned counsel for the petitioner and Sri. Rangaswamy R, learned High Court Government Pleader for the respondent No.1. Learned counsel for respondent No.2 remained absent despite service of notice. Hence, his argument is taken as nil. Perused the materials on record. 4. In view of the rival contentions urged by the learned counsel for the petitioner and learned HCGP for respondent No.1, the point that would arise for my consideration is: "Whether the petitioner has made out any grounds to allow the petition and to quash the criminal proceedings initiated against him?" My answer to the above point is in the 'Affirmative' for the following: - 4 - HC-KAR NC: 2026:KHC:8543 CRL.P No. 7213 of 2018 REASONS 5. It is the contention of the informant as well as the prosecution that on 25.04.2016 at 6.23 pm., the petitioner by using his mobile phones called the informant, who was working as Assistant Commissioner (Revenue), Bengaluru South Taluk and questioned as to why the proceedings in RA (S)/376/11-12 was not decided in his favour, abused him in filthy language, threatened him and thereby, obstructed from discharging his official duty. 6. On perusal of the entire charge sheet, the Investigating Officer has not collected any materials to show that the mobile numbers referred to in the first information as well as in the charge sheet belong to the petitioner. When the petitioner is not connected to the mobile phones referred to above, no offence what so ever could said to have been made out. 7. Learned counsel for the petitioner has drawn attention of the Court to the final report filed in Cr.No.411/2015 of Halasurugate Police Station to contend that at the instance of the very same informant-respondent No.2, a complaint was - 5 - HC-KAR NC: 2026:KHC:8543 CRL.P No. 7213 of 2018 filed by the Deputy Tahasildar alleging commission of the offence punishable under Sections 353, 341, 504, 506 of IPC and also under Section 3 (1)(10) of SC and ST (Prevention of Atrocities) Act. After investigation, the Investigating Officer has filed B-report on 10.02.2016. The copy of the said B-report is produced before this Court. 8. If the final report filed by the Investigating Officer in the light of the allegations made in the first information is taken into consideration, there is nothing to connect the petitioner to the offence in question to allege either assault or criminal force to deter the informant from discharging his duty or to allege intentional insult with an intention to provoke breach of peace, or to constitute criminal intimidation as alleged. Therefore, none of these penal provisions could be invoked on the basis of the materials on record. Hence, I am of the opinion that the criminal proceedings initiated against the petitioner is in abuse of process of law and it is liable to be quashed. 9. Accordingly, I answer the above point in the affirmative and proceed to pass the following: - 6 - HC-KAR NC: 2026:KHC:8543 CRL.P No. 7213 of 2018 ORDER (i) The Criminal Petition is allowed. (ii) The criminal proceedings initiated in Cr.No.122/2016 of Nelamangala Town police station, in CC No.64/2017 pending on the file of the learned Principal Civil Judge and JMFC., Nelamangala registered for the offences punishable under Sections 353, 504 and 506 of IPC, is hereby quashed against the petitioner. SD/- (M G UMA) JUDGE BH CT:VS List No.: 1 Sl No.: 10